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TIPO should elucidate the issues regarding the combination of the exhibits during an invalidation proceeding

In an appellate decision regarding Design Patent # D154004 (Ref. No. 10306109670), MOEA voided TIPO’s invalidation ruling by reason of TIPO’s failure to elucidate the inconsistency between the combination of exhibits listed in “IV. The Articles and the Exhibits” of the petitioner’s brief in support of the invalidation, which was based on an alleged violation of Para. 2, Article 122 of Patent Act, and the combination of evidence set forth in “V. Detailed Reason” of the brief, which substantially described the invalidation reasons. The MOEA decision indicated that TIPO failed to exercise its obligation to elucidate and to require the petitioner to clarify the issue, but ruled on the petition based merely upon the combination of the exhibits, and therefore, TIPO failed to comply with the provisions of Patent Examination Guideline, resulting in its ruling of the petition void.